S.1 Short title, extent, commencement and application.

THE UTTAR PRADESH PUBLIC SERVICE (TRIBUNALS) ACT, 1976¹

[U.P. Act No. 17 of 1976]

[Passed in Hindi by the Uttar Pradesh Legislative council on April 1, 1976 and by the Uttar Pradesh Legislative Assembly on April 5, 1976.

Received the Assent of the President on April 30, 1976 under Article 201 of ‘the Constitution of India’, and was published in the Uttar Pradesh Gazette Extraordinary, dated May 1, 1976.]

AN ACT

to provide for the (constitution of a tribunals)⁴ to adjudicate disputes in respect of maters relating to employment of all public servants of the State.

IT IS HEREBY enacted in the Twenty -Seventh Year of the Republic of India as follows:-

(1) This Act may be called the Uttar Pradesh Public Services (Tribunal)⁵ Act, 1976.

(2) It extends to the whole of Uttar Pradesh.

(3) It shall be deemed to have co

S.2 Definitions.

In this Act—

(a) “appointed date’ means the twenty-fourth day of November, 1975;

[(aa) ‘Presenting Officer’ includes an Assistant Presenting Officer appointed by the State Government;]¹

[(a-1) ‘Bench’ means a Bench of the Tribunal;

(a-2) ‘Chairman’ means the Chairman of the Tribunal;

[(a-2A) ‘Chief Justice” means the Chief Justice of the High Court,] ⁶

(a-3) ‘District Judge’ means the District Judge within the meaning of the Bengal, Agra and Assam Civil Courts Act, 1887;

[(a-3(A) “Legal representative” means a person, who in law represents the state of the deceased person and includes a person in whom the right to receive pensionary, retirement, terminal or other benefits vests;] ⁹

(a-4) ‘Member’ means a Judicial or Administrative member of the Tribunal and includes its Chairman and Vice-Chairman;]⁴

(b) ² [“public servant’ means every person in service of pay of—<

Legal Commentary on Section 2 of the Uttar Pradesh Public Services Tribunal Act, 1976

Introduction

Section 2 of the Uttar Pradesh Public Services Tribunal Act, 1976, provides the definitions crucial for interpreting the Act, including key terms such as "public servant," "Chairman," "Vice-Chairman," and the scope of the Tribunal's jurisdiction. It lays the foundation for understanding who can approach the Tribunal and the nature of disputes it can adjudicate.

What does Section 2 Say

Section 2 of the Act defines essential terms:- "Public servant" includes persons in the service or pay of the State Government, local authorities (excluding Cantonment Boards), and certain corporations owned or controlled by the State, but explicitly excludes persons in the pay or service of other companies.- "Chairman," "Vice-Chairman," and "Members" are specified, with distinctions between judicial and administrative members.- The section clarifies the scope of the Tribunal's jurisdiction, the composition, and the applicability of the Act across Uttar Pradesh.

Essential Ingredients

• Clear definitions of "public servant" and "members" of the Tribunal.
• Specification that the Tribunal functions as a quasi-judicial body for service disputes.
• The scope limits to disputes relating to employment, conditions of service, and related matters of persons falling within the defined "public servant" category.
• The inclusion/exclusion criteria for different categories of employees (e.g., government servants, local authority employees, corporations).

Scope of Section 2

• Establishes who can invoke the Tribunal’s jurisdiction (persons in service or pay of specified entities).
• Clarifies the composition of the Tribunal, including qualifications and age limits for appointment.
• Sets the territorial and subject-matter scope, primarily relating to employment disputes of public servants in Uttar Pradesh.
• Provides a legal basis for differentiating between "public servants" and other employees, affecting jurisdiction and remedies.

Punishment for Section

• The section itself does not prescribe punishment but lays the groundwork for the Tribunal’s jurisdiction.
• Violations, such as approaching the Tribunal without qualifying as a "public servant" or attempting to invoke jurisdiction outside the scope, can result in dismissal of claims or procedural dismissals.
• Misinterpretation or misuse can lead to contempt proceedings under the Tribunal Rules or civil/criminal proceedings for false claims.

Legal Comments

• Definition of "Public Servant" - The broad inclusion of persons in the service or pay of State and controlled entities, but excluding private companies, clarifies who can approach the Tribunal, affecting the scope of jurisdiction. [["Bharat Ram Gupta VS State of U. P. "]]
• Exclusion of Private Sector Employees - Employees of private companies or those not in the service of State-controlled entities are explicitly excluded, limiting the Tribunal’s jurisdiction. [["Bharat Ram Gupta VS State of U. P. "]]
• Judicial and Administrative Members - The distinction emphasizes the Tribunal’s quasi-judicial nature, with qualifications aligned to judicial or administrative experience for appointment. [["Bharat Ram Gupta VS State of U. P. "]]
• Scope of Disputes - The section confines the Tribunal’s jurisdiction to disputes related to employment, conditions of service, and related grievances of "public servants" as defined. [["Bharat Ram Gupta VS State of U. P. "]]
• Territorial Application - The Act applies to the whole of Uttar Pradesh, with territorial jurisdiction linked to the place of employment or last service. [["Dinesh Chandra Dhasmana VS Principal Secretary, Dairy Development"]]
• Inclusion of Local Authorities - The definition includes employees of local authorities (excluding Cantonment Boards), broadening the scope within the State’s administrative framework. [["Dinesh Chandra Dhasmana VS Principal Secretary, Dairy Development"]]
• Exclusion of Certain Employees - Persons in the pay or service of other companies (not controlled by the State) are excluded, which narrows the scope to State and local authority employees. [["Bharat Ram Gupta VS State of U. P. "]]
• Qualification of Members - The criteria for appointment, including judicial or administrative experience, impacts the independence and competence of the Tribunal. [["Sudhir Kumar Saxena VS State of U. P. "]]
• Age Limit for Members - The specified age limits (generally 65 years for judicial members, 62 for administrative) ensure the Tribunal’s functioning within a defined tenure, with amendments affecting its composition. [["Sudhir Kumar Saxena VS State of U. P. "]]
• Scope of "Employment" - The term encompasses all forms of employment or service, including temporary, ad hoc, or contractual, as long as they fall within the "public servant" definition. [["Dinesh Chandra Dhasmana VS Principal Secretary, Dairy Development"]]
• Impact of Amendments - Amendments reducing age limits or altering qualifications impact the composition and functioning of the Tribunal, affecting its independence and efficacy. [["Sudhir Kumar Saxena VS State of U. P. "]]
• Relation to Other Laws - The definitions align with other service laws, such as the Civil Services (Classification, Control and Appeal) Rules, influencing jurisdiction and remedies. [["Om Prakash VS State Of Uttarakhand"]]
• Jurisdictional Limitations - The scope is limited to disputes arising out of employment and does not extend to private employment or contractual arrangements outside the defined entities. [["Bharat Ram Gupta VS State of U. P. "]]
• Procedure and Jurisdiction - The section sets the basis for the Tribunal’s jurisdiction, which is further elaborated in the Rules, including procedures and powers. [["Sudhir Kumar Saxena VS State of U. P. "]]
• Legal Certainty - Clear definitions prevent jurisdictional disputes and ensure that only eligible persons approach the Tribunal, maintaining legal certainty. [["Bharat Ram Gupta VS State of U. P. "]]
• Effect of Non-Qualification - Approaching the Tribunal without meeting the criteria (e.g., not being a "public servant") can lead to dismissal or rejection of claims. [["Bharat Ram Gupta VS State of U. P. "]]
• Impact of the Definitions on Litigation - Precise definitions influence the scope of litigation, including the nature of claims, remedies available, and procedural admissibility. [["Bharat Ram Gupta VS State of U. P. "]]
• Consistency with Constitutional Provisions - The definitions and scope align with Articles 323-A and 226 of the Constitution, ensuring the Tribunal’s powers are constitutionally valid. [["Krishna Sahai VS State Of U. P. "]]
• Implication for Employees of Corporations - Employees of corporations owned or controlled by the State are included, subject to the criteria, affecting a wide spectrum of public employment. [["Bharat Ram Gupta VS State of U. P. "]]
• Limitations on Disputes - The section excludes disputes outside employment conditions, such as administrative decisions unrelated to service conditions, maintaining the Tribunal’s specialized jurisdiction. [["Bharat Ram Gupta VS State of U. P. "]]
• Legal Precedents - Judicial interpretations emphasize that the scope of "public servant" as per Section 2 is pivotal in determining jurisdiction, as seen in various High Court and Supreme Court rulings. [["Krishna Sahai VS State Of U. P. "], ["Dinesh Chandra Dhasmana VS Principal Secretary, Dairy Development"]]
• Consequences of Misinterpretation - Misreading the definitions can lead to jurisdictional errors, wrongful claims, or procedural dismissals, emphasizing the importance of accurate legal understanding. [["Bharat Ram Gupta VS State of U. P. "]]

In summary, Section 2 of the Uttar Pradesh Public Services Tribunal Act, 1976, provides the foundational definitions that delineate the scope, jurisdiction, and applicability of the Tribunal. Its precise language ensures clarity in legal proceedings, limits the Tribunal’s jurisdiction to eligible persons, and maintains the constitutional integrity of the adjudicatory process relating to public employment disputes in Uttar Pradesh.

S.3 Constitution of the Tribunal.

(1) As soon as may be after the commencement of the Uttar Pradesh Public Services (Tribunals) (Amendment) Act, 1992, the State Government shall, by notification, establish a Tribunal to be called the State Public Services Tribunal.

(2) The Tribunal shall consist of a Chairman, [a Vice-Chairman (Judicial), a Vice-Chairman (Administrative)] ² and such number of other judicial and Administrative members not less than five in each category, as may be determined by the State Government.

(3) A person shall not be qualified for appointment as Chairman, unless he—

(a) has been a Judge of a High Court, or

(b) has, for at least two years held the post of Vice-Chairman, or

(c) has been a member of the Indian Administrative Service who has held the post of a Secretary to the Government of India or any other post under the Central or the State Government equivalent thereto, and has adequate experience in dispensation of justice.

[(4) A p

S.3(a) Staff of Tribunal.

(1) The State Government shall determine the nature and categories of the officers and other employees required to assist the Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may think fit.

(2) The officers and other employees of the Tribunal shall discharge their functions under the general superintendence of the Chairman.

(3) The salaries and allowances and conditions of service of the officers and other employees of the tribunal shall be such as may be prescribed.] ¹

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^{1. Inserted by section 5 by 3 (b) of U. P. Act no 07 of 1992.}

S.4 Reference of claim to Tribunal.

(1) Subject to the other provision of this Act, a person who is or has been a public servant and is aggrieved by an the order pertaining to a service matter within the jurisdiction of the Tribunal, may make a reference of claim to the Tribunal for the redressal of his grievance.

Explanation: For the purpose of this sub-section “order” means an order or omission or in-action of the State Government or a local authority or any other corporation or company referred to in clause (b) of section 2 or of an officer, committee or other body or agency of the State Government or such local authority or Corporation or company:

Provided that no reference shall, subject to the terms of any contract, be made in respect of a claim arising out of the transfer of a public servant;

Provided further that in the case of the death of a public servant, his legal representative and where there are two or more such representative, all of them jointly, may make a reference to t

S.4(a) Hearing of reference by the Tribunal.

(1) The Chairman may from time to time constitute Benches consisting of a single member or two members, for the disposal of such references of claims and other matters as may be specified by him.

(2) It shall be lawful for the Chairman to nominate himself as a member of any such Bench.

(3) A bench consisting of two members shall include a judicial Member and an Administrative Member.

Explanation: For the purposes of this sub-section the Chairman who has been a High court judge or a District judge or a Vice-Chairman who has been a District judge shall be deemed to be a judicial Member and a Chairman or Vice-Chairman who has been the member of the Indian administrative service shall be deemed to be an administrative member.

(4) The jurisdiction, powers and authority of the Tribunal may be exercised by any such bench and anything done by any such Bench in exercise of such jurisdiction, power or authority shall be deemed to have been done by the Tribu

S.5 Powers and procedure of the Tribunal.

(1) (a) The Tribunal shall not be bound by the procedure laid down in the code of civil procedure, 1908, or the rules of evidence contained in the Indian Evidence Act, 1872, but shall be guided by the principles of natural justice, and subject to the provisions of this section and of any rules made under section 7, the Tribunal shall have power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private :
[Provided that where, in respect of the subject matter of a reference, a competent court has already passed a decree or order or issued a writ or direction, and such decree, order, writ or direction has become final, the principal of res judicial shall apply;] ^1
2 [(b) The provisions of the Limitation Act, 1963 shall mutatis mutandis apply to reference under section 4 as if a reference were a suit filed in civil court so, however, that:-
(i) Notwithstanding

S.5(a) Power to punish for-contempt

Without prejudice to the jurisdiction, powers and authority of the High Court under the Contempt of Courts Act, 1971 in respect of contempt of courts subordinate to it, the Tribunal shall have and exercise, jurisdiction, powers and authority in respect of contempt of it self as the High Court has, and may exercise, in respect of contempt of itself, and for this purpose the provisions of the contempt of Courts Act, 1971 shall, mutatis mutandis, apply subject to the following modifications, namely:-
(a) reference therein to High Court, its Chief Justice and other judges shall be construed as reference to the Tribunal its Chairman and other members respectively;
(b) reference to Advocate General in section 15 of the said Act shall be construed as reference to [the public prosecutor appointed by the State Government under sub-section (1) of section 24 of the Code of Criminal Procedure, 1973 or such other law officer] ¹ as the State Government may by notifi

S.6 Bar of suits.

(1) No suit shall lie against the State Government or any local authority or any statutory corporation or company for any relief in respect of any matter relating to employment at the instance of any person who is or has been a public servant, including a person specified in [clauses(a) to (g)] ¹ of sub-section 4 of section 1.

(2) All suits for the like relief, and all appeals, revisions, applications for review and other incidental or ancillary proceedings (including all proceedings under order XXXIX of the First Schedule to the Code of Civil Procedure, 1908) arising out of such suits, and all applications for permission to sue or appeal as pauper for the like relief, pending before any court subordinate to the High Court and all revisions (arising out of interlocutory orders) pending before the High Court on the date immediately preceding the appointed date shall abate, and their records shall be transferred [to the Tribunal] ² , and thereup

S.6(a) Members and Staff of the Tribunal to be public servants.

The Chairman Vice-Chairman, Members, Officers and other employees of the Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

S.6(b) Protection of action taken in good faith.

No suit, prosecution or other legal proceedings shall lie against the Chairman, Vice-Chairman, Members or any other person for anything which is in good faith done or intended to be done, in pursuance of the provisions of this Act or the rules made thereunder.

S.6(c) Members to be Judges.

The Chairman, Vice-Chairman and Members shall be deemed to be the Judges for the purposes of the Judge (Protection) Act, 1985 and the Judicial Officers Protection Act, 1850.] ¹

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1. Inserted new section 6-A, 6-B and 6-C by, section 10, U.P. Act no 05 of 2000.

S.7 Power to make Rules.

(1) The State Government may by notification make rules for carrying out the purposes of this Act.

(2) ¹ [In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following mater, namely:-

(a) the powers and procedure of the Tribunal;

(b) the constitution of and distribution of business among the Benches;

(c) [the form in which a reference of claim may be made the document and other evidence by which such reference shall by accompanied and the fees payable in respect of the filing of such reference or for the execution or service of processes;]¹

(d) the salaries and allowances payable to, and other terms and conditions of service of the Chairman, Vice-Chairman, members, officers and other employees of the Tribunal;

(e) the financial and administrative powers of the Chairman;

(f) any other matter for which insufficient provision exists in this

S.8 Repeal, savings and transitory provision.

(1) The Uttar Pradesh Public Service (Tribunal) Ordinance 1976 is hereby repealed.

(2) Notwithstanding such repeal or the repeal of the Uttar Pradesh Public Services (Tribunal) Ordinance, 1975 by the Ordinance mentioned in sub-section (1) anything done or any action taken under the said ordinances shall be deemed to have been done or taken under this Act as if this Act was in force at all material times.

(3) In relation to orders mentioned in the proviso to clause (b) of subsection (1) of section 5 of this Act and application referred to in sub-section (2) of section 6 of this Act which were not mentioned in the corresponding provisions of the said Ordinance of 1975, the references to the appointed date shall be construed as references to February 16, 1976.

Sch .

[SCHEDULE

[See section 4-A(5) (a)]

Matters to be heard and finally decided by a Bench consisting of two members.

1. All references of claims against an order pertaining to,--

(a) promotion, seniority, date of birth or date of superannuation of a public servant;

(b) regularization in a service referred to in clause (b) of section 2;

(c) dismissal, removal, reversion or reduction in rank, permanent stoppage of increment, break in service, compulsory retirement, suspension, termination or resignation of a public servant;

(d) with holding or withdrawing pension, and counting of period for pension, of a retired public servant.

2. All contempt matters.

3. Admission of references of claims against orders pertaining to the aforesaid matters.] ¹

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1. Inserted Schedule by section 12 of U.P. Act No. 0